Vanita Alias Vanita Rani vs Gurmeet Kumar
2022 Latest Caselaw 10975 P&H

Citation : 2022 Latest Caselaw 10975 P&H
Judgement Date : 12 September, 2022

Punjab-Haryana High Court

Vanita Alias Vanita Rani vs Gurmeet Kumar on 12 September, 2022

TA No.229 of 2022 (O&M)
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     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                                             TA No.229 of 2022 (O&M)
                                            Date of decision: 12.09.2022

Vanita @ Vanita Rani
                                                             ....Petitioner
                                  Versus
Gurmeet Kumar
                                                           ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present: Ms. Shreya Rana, Advocate for the petitioner.

None for the respondent.

ARVIND SINGH SANGWAN J. (Oral)

Prayer in this petition is for transfer of the petition filed

under Section 13 of the Hindu Marriage Act, pending in the Family

Court, Camp Court Dasuya, District Hoshiarpur to the competent Court

of jurisdiction at Yamuna Nagar at Jagadhri.

Vide order dated 10.03.2022, the following order was

passed:-

"The applicant is seeking transfer of a petition bearing No.HMA-8-2022, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955, pending in the Court of learned Addl. Principal Judge, Family court at Dasuya, District Hoshiarpur, to a Court of competent jurisdiction at Yamuna Nagar from Hoshiarpur.

Learned counsel for the applicant submits that the applicant was married with the respondent on 09.03.2019 and out of this wedlock, a son was born on 11.02.2020. He submits that after she was thrown out of her matrimonial home by the respondent, she had been residing along with her minor son with her parents at Yamuna Nagar and was thus totally dependent on them for her survival. Further submits that since the distance between Yamuna Nagar and Hoshiarpur is approximately 245 kilometers she would be greatly inconvenienced to travel to Hoshiarpur

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on each and every date of hearing. Learned counsel submits that a petition u/s 125 Cr.P.C. is pending between the parties which was filed by the applicant before the learned Principal Judge (Family Court), Yamuna Nagar much prior to the petition filed by the respondent.

Notice of motion for 12.05.2022."

Counsel for the petitioner has argued that on account of a

matrimonial discord, the respondent/husband has filed the petition

under Section 13 of the Hindu Marriage Act, before the Principal Judge,

Family Court, Camp Court Dasuya, District Hoshiarpur.

Counsel for the petitioner has also argued that on account

of a petition filed by the respondent/husband, the petitioner is facing

great difficulty in prosecuting the said case as there is a distance of

about 280 Kms from Yamuna Nagar at Jagadhri to Camp Court Dasuya,

District Hoshiarpur.

Counsel for the petitioner has further contended that the

petitioner is having a minor child, who is living in her care and custody

and she is facing difficulty to defend the case as she has to travel from

Yamuna Nagar at Jagadhri to Camp Court Dasuya, District Hoshiarpur.

Counsel for the petitioner has relied upon the judgments

"Sumita Singh vs Kumar Sanjay", 2002 SC 396 and "Rajani Kishor

Pardeshi vs Kishor Babulal Pardeshi", 2005(12) SCC 237, wherein

the Hon'ble Supreme Court has observed that while deciding the

transfer application, the Courts are required to give more weightage

and consideration to the convenience of the female litigants and

transfer of legal proceedings from one Court to another should

ordinarily be allowed, taking into consideration their convenience and

the Courts should desist from putting female litigants under undue

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hardships."

Counsel for the petitioner has also relied upon the

judgment "N.C.V. Aishwarya vs A.S. Saravana Karthik Sha," 2022

Live Law (SC) 627, wherein the Hon'ble Supreme Court has observed

as under:-

9. The cardinal principle for exercise of power under section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.

10. Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions."

It is well settled that while considering the transfer of a

matrimonial dispute/case at the instance of the wife, the Court is to

consider the family condition of the wife, the custody of the minor

child, economic condition of the wife, her physical health and earning

capacity of the husband and most important the convenience of the wife

i.e. she cannot travel alone without assistance of a male member of her

family, connectivity of the place to and fro from her place of residence

as well as bearing of the litigation charges and travelling expenses.

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As per the office report, the respondent has been served,

however, there is no representation on his behalf.

After hearing the counsel for the petitioner, considering the

fact that the petitioner/wife will have to bear the litigation expenses and

transportation expenses and in view of the judgments i.e. Sumita

Singh's case (supra), Rajani Kishor Pardeshi's case (supra) and

N.C.V. Aishwarya's case (supra) passed by the Hon'ble Supreme

Court, this Court deem it appropriate to allow the present petition,

subject to the following conditions:-

1. The petition filed under Section 13 of the Hindu Marriage Act, pending before the Family Court, Camp Court Dasuya, District Hoshiarpur will be transferred to the competent Court of jurisdiction at Yamuna Nagar at Jagadhri.

2. The District Judge, Yamuna Nagar at Jagadhri, will assign the said petition to the competent Court of jurisdiction.

3. The Family Court, Camp Court Dasuya, District Hoshiarpur is directed to transfer all the record pertaining to the aforesaid case to District Judge, Yamuna Nagar at Jagadhri.

4. The parties are directed to appear before the trial Court, Yamuna Nagar at Jagadhri, within a period of 01 month from today.

5. The Family Court, Yamuna Nagar at Jagadhri will make all endeavour to refer the case before the Mediation and Conciliation Centre for exploring the possibility of some amicable settlement between the parties.